12 outubro 2021
Be very careful when discussing transaction agreements or departures with staff, as you risk constructive dismissal. Including an agreed form of reference in the agreement may avoid future disputes, but you must not mislead the referrer. Even if they get a compromise agreement and sign it and bring it back to you, it has absolutely no value, unless the schedule signed by the independent consultant comes to say that they gave the independent advice and the collaborator signed the agreement on that basis. However, employers should be aware that workers do not need to sign settlement agreements to leave the company, even though they are legally required to do so through dismissal procedures. Indeed, being presented with a compromise agreement can be a good thing. Not only is it certain that payment will be made within an agreed time frame, but the agreement should also confirm that the first £30,000 can be paid without deduction. They also have the option to add proof of work to the agreement with clauses preventing one of the parties from misinterpreting the other. This is very useful if an employee may have moved under a cloud and wants to maintain their future reputation. Yes, there are two – the compromise agreement described above (compromise agreement) and the COT3 agreement. .